Can You Give Two Weeks Notice While on FMLA Leave
Short answer
Yes, you can give two weeks' notice while on FMLA leave. To do it properly, prepare by reviewing your employer’s policies and your FMLA rights, then formally submit your resignation in writing, explaining your intended last day. This process ensures a clear transition while respecting your leave status.
What do you need before giving two weeks' notice while on FMLA leave?
Before submitting your two weeks' notice during FMLA leave, gather key information to protect your rights and maintain professionalism. Start by reviewing your employer’s employee handbook or policies about resignation and leave. Check if your workplace has specific procedures for resigning while on leave. Understand your FMLA protections: the Family and Medical Leave Act allows up to 12 weeks of unpaid leave for serious health or family reasons, during which your job is protected. However, resigning ends your employment, so benefits linked to employment may be affected. Consider your reasons for leaving and your timeline for returning or ending employment. Have a written resignation prepared, including your last working day. Finally, plan how to communicate with your employer, either by email, letter, or a phone call followed by a written notice. Being prepared helps make the process smooth and professional.
What are the steps to give two weeks' notice while on FMLA leave?
Giving notice while on FMLA leave involves several clear steps:
- Confirm your intent to resign and timing — Decide the exact date you want your employment to end, typically two weeks from the notice date. This gives your employer time to plan.
- Write a formal resignation letter — Keep it professional and concise, stating your last day of work. For example, “I am resigning effective [date], which is two weeks from today.” You don’t need to explain your FMLA status or personal reasons unless you want to.
- Send your resignation to the right person — Usually your direct supervisor and Human Resources. If you’re unsure, check your employee handbook or ask HR.
- Keep a copy of your resignation — For your records, save a copy of the letter or email and note the date you sent it.
- Follow up if needed — If you don’t get acknowledgment after a few days, politely confirm receipt. This ensures your employer knows your plans.
These steps help maintain professionalism and clear communication, reducing misunderstandings.
How do you know if your two weeks' notice while on FMLA worked?
You know your notice worked when your employer acknowledges it in writing or verbally, confirming your last planned workday. This could be an email reply, letter, or a conversation confirming your resignation and transition plan. Your employer might also begin offboarding steps like scheduling an exit interview or discussing returning company property. Keep all correspondence for your records. If your employer continues to pay your benefits or keep you on the payroll until your indicated last day, that’s also a sign your notice was accepted. If you do not receive any acknowledgment within a reasonable time, follow up to ensure your message was received.
What should you do if giving notice while on FMLA goes wrong?
If problems arise, such as your employer ignoring your notice or disputing your last day, take these steps:
- Document all communications — Save emails, letters, text messages, and notes from calls.
- Clarify your rights — Remember, FMLA protects your leave but not your resignation. Once you resign, the employer may not have to keep you beyond your notice period.
- Seek help from HR or a trusted manager — Explain the situation calmly and ask for confirmation of your resignation and last day.
- Contact legal aid or labor agencies if needed — If your employer retaliates or violates your rights, organizations like the U.S. Department of Labor can provide guidance, or you might consult an employment lawyer.
- Prepare for a quick transition — Sometimes employers may ask you to leave earlier than your two weeks, especially if you are on leave. Stay professional and ask about final pay, benefits, and return of company property.
Taking these steps helps protect you if the resignation process becomes difficult.
Can you give two weeks' notice while on vacation?
Yes, giving two weeks' notice while on vacation is similar to giving notice during FMLA. The key is to notify your employer in writing and clearly state your last working day. Use email or a letter to submit your resignation. Informing your manager or HR personally before sending written notice can be helpful. Keep copies of all communications. The main difference is that vacation is paid time off and not protected like FMLA, so the employer may have different expectations or policies. Still, the general process and professional approach remain the same.
How can you adapt this process if you are worried about job references or future employment?
If you want to maintain good relations for positive references after resigning on FMLA or vacation leave, consider these tips:
- Be polite and professional — Thank your employer for the opportunity and express appreciation. For example, “Thank you for the support during my time here.”
- Offer to assist with the transition — Even if you are on leave, you can offer to help remotely or document your work.
- Avoid negative details — Keep your resignation letter neutral and avoid criticizing the employer or work environment.
- Communicate your plans clearly — Explaining your reasons briefly (without oversharing) can help maintain goodwill, such as “I need to focus on personal health/family reasons.”
- Request a reference — If appropriate, ask for a letter of recommendation or permission to use your manager as a reference.
This approach supports a positive exit, which can benefit your career going forward.
What are some exact words you can use when giving two weeks' notice on FMLA?
Here is sample wording for a resignation letter or email while on FMLA leave:
Dear [Manager’s Name], I am writing to formally resign from my position at [Company Name], effective two weeks from today, [last working day]. I appreciate the opportunities I have had during my time here. Please let me know if I can assist with the transition remotely during this period. Thank you for your understanding. Sincerely, [Your Name]
This wording is clear, professional, and does not focus on your leave status, which is usually best.
Frequently asked questions
Can my employer fire me while I'm on FMLA leave if I give two weeks' notice?
Generally, employers cannot fire you just for taking FMLA leave. However, once you resign, your employment ends. An employer might choose to end your employment before your notice period finishes, especially if you’re on leave. It’s best to clarify with HR what to expect after your resignation.
Do I have to explain why I am resigning while on FMLA?
No, you do not have to give a reason when resigning. A simple statement that you are resigning with your last day is sufficient. If you want to maintain goodwill, you may briefly mention personal or health reasons, but it’s not required.
Does the day I give notice count as part of my two weeks?
Yes, typically the day you submit your notice counts as day one of your two-week period. Confirm with your employer if their policy differs, but this is standard practice.
Can I cancel my two weeks' notice after submitting it while on FMLA?
You may try to cancel your notice, but your employer is not obligated to accept the cancellation. It depends on the employer’s policies and whether they have already started transition plans. Communicate as soon as possible if you want to reverse your decision.
How should I handle final pay and benefits after resigning on FMLA?
Ask HR about your final paycheck timing, unused vacation payout, and benefits continuation. FMLA doesn’t guarantee benefits after resignation, so clarify what happens to health insurance and other benefits.